Derick Almena and Max Harris both faced 39 years if found guilty of the 36 counts of involuntary manslaughter; however, Harris was acquitted on all 36 counts, while a hung jury mistrial was declared for Almena. Almena will head back to trial on October 4th. The verdict followed a three-month trial and nearly a month of jury deliberations, during which three jurors were dismissed, the East Bay Times reported.

Over 70 people were in attendance for a Golden Donna concert at the Ghost Ship on December 2nd, 2016; the 36 victims, whose ages ranged from 17 to 61, died from smoke inhalation when a fire broke out in the venue and attendees were unable to find a way out of the labyrinth-like warehouse.

While he wasn’t in attendance at the time of the fire, Almena converted the commercial warehouse into a DIY venue and living space without permits. Harris served as the Ghost Ship’s “creative director” who collected rent and was the doorman on the night of the fire.

In July 2018, Almena and Harris reached a plea deal where both men would have pleaded guilty to involuntary manslaughter charges, with Almena and Harris set to spend nine and six years in prison, respectively. However, in a shocking twist, a different judge struck down the plea deal at sentencing a month later, arguing that Almena had not shown enough remorse in the aftermath of the tragedy, the East Bay Times reported.

A superior court judge declined to reinstate the plea deal in a November hearing, resulting in the criminal trial against the two men. Following the fire, Almena apologized to the victims’ family but stopped short of accepting blame in a bizarre interview on Today.

“I’m only here to say one thing: I’m incredibly sorry and that everything that I did was to make this a stronger and more beautiful community and to bring people together,” Almena said of the Ghost Ship, adding of whether he committed criminal negligence, “I’m not going to answer these questions on this level. I’d rather get on the floor and be trampled by the parents [of the victims]. I’d rather let them tear at my flesh than answer these ridiculous questions.”